Yekepa, Nimba County – FrontPage Africa has found out that ArcelorMittal Liberia (AML) is ignoring the Ministry of Labor’s mandate to reinstate an employee the company unlawfully dismissed.
Report by Gerald C. Koinyeneh, [email protected]
Mr. Sam T. Menwon, who has been with the company since 2013 as a heavy-duty driver, was fired on July 31, 2017, citing poor health condition for the reason for his dismissal.
In a notice served Menwon on July 31, 2017, a copy of which is in the possession of this newspaper, AML said their action was due to Menwon’s inability to perform the work required of him and in keeping with the Decent Work Act of 2015.
Excerpt of AML’s termination notification states: “This communication serves to officially inform you that your employment with ArcelorMittal Liberia is hereby terminated effective the 31st day of July 2017 due to your inability to perform the work required of you in accordance with the terms of your Employment Contract. Hence your employment is terminated in keeping with section 14.4 (a)(i) of the Decent Work Act of 2015 (DWA).”
“Notwithstanding, the doctor’s advice and your inability to report to work and perform the work required of you, ArcelorMittal continues to pay your salary and other benefits up to and including the date and time of this termination notice. It is against this backdrop that ArcelorMittal invokes Section 14.4 (a)(i) of the DWA and hereby terminates your employment effective the date and year mention above.”
Following the notice, Menwon said he filed a complaint of unfair labor practice against the company at the office of the Labor Commissioner of Nimba County, His Honor Itokpa Qoui.
After a thorough investigation, Commissioner Qoui ruled in favor of the complainant on February 6, 2018 and advised the company to reinstate Menwon, compensate him for the time lost and provide all necessary medical attentions.
Excerpts of Commissioner Qoui’s recommendations state: “In the candid opinion of the investigation, as labor cases being fact-finding missions, the investigation deems it necessary with reference to the laws cited herein and above, without any prejudice or favor for either party in this aforesaid case, do here-by advice and further recommend that to promote spirit of industrial peace, justice and harmony amongst employers and employees, AML Management is advised to reinstate the complainant, pay him for the time lost and provide all necessary and appropriate medical attentions.”
When contacted, AML Human Resource officer based in Yekepa, Michael Nyanway, claimed that he was not aware of Menwon’s case as he (Nyanway) was just assigned to the area.
Nyanway, however, advised that if Menwon’s claim is authentic, he should seek redress through the Ministry of Labor.
Frontpage Africa also spoke with Commissioner Qoui and he confirmed the ruling and asserted that despite frantic effort exerted by his office, AML has refused to re-employ Menwon.
He vowed to prevail on the company to adhere to his recommendations.
Complainant’s Ordeal
Explaining his ordeal to FrontPage Africa recently, Menwon said the company’s action is adversely affecting him and his family.
He noted that since the labor Commissioner’s ruling in February this year, he has been going “up and down” meeting the company and the Ministry of Labor through the office of the Labor Commissioner for his re-instatement but nothing has been done.
He said despite intervention by the current Assistant Minister for Labor on his recent visit to the county and calling on the company to respect the Labor Commissioner’s ruling, the company is yet to re-employ him.
He added that the company has told him to vacate the house he is currently staying, else he will be evicted.
Giving a brief background of his work history with AML, Menwon explained that he was duly employed by the company in 2013 as a fire truck driver with no medical problems. But in 2015, he was transferred to the mine as a heavy-duty truck operator which led to his present health problems.
Meanwhile, in a medical report from the company’s hospital in Yekepa, dated April 10, 2017, Dr. Valentine Sawyer, the company’s doctor, diagnosed Menwon of Hemorrhoids and Peptic Ulcer Disease and recommended that his assignment be changed.
Excerpt from Dr. Sawyer’s report: “He (Sam Menwon) was admitted on 13th February 2016 for observation, further evaluation and management of the same condition. His condition markedly improved during his admission at our facility. However, we have observed that there are periods of remissions and recurrences in his condition probably due to aggravating factors at his present job site due to the sedentary nature of his job, the vehicle he drives and the road conditions. In view of the above, we advise that he operates a light duty vehicle or change of assignment in order to reduce the effect of the job-related aggravating factors on his condition.”
Menwon told FPA that it was while advocating for his transfer based on the doctor’s advice that he was sacked by AML.
He contended that the company’s action violates Article 36.1.2 of its Collective Bargaining Agreement (CBA), which states that “Prior to agreement being reached on termination of services on medical grounds, the company undertakes not to terminate any employee’s services on medical grounds.”
He further indicated that the company is also in violation of article 8.2.4 of the CBA which points out: “In the event of an occupational accident or occupational related accidental injury to an employee, which cannot be cured by hospital in Liberia, the employee will be sent abroad for treatment to a hospital with the requisite to cure such injury.”
He said life for him has become unbearable after being out of job for almost a year and called on the government and civil society organizations to come to his defense to prevail on the company to reinstate him and attend to his health needs.
Menwon: “The Assistant Minister came here and told them (AML) to reinstate me and give me the proper medical care, but since he left from here, they have just been drilling me from here and there. “
“Before being employed in 2013, I went through medical tests by their hospital in Buchanan and I was fit with no medical problems. I worked for them with due diligence and no complaint of misconduct, warning or suspension. But to my outmost surprise, I just got fired and nothing can be done about it,” he narrated.
According to him, the worker union is not on his side and that he’s alone.
“I am a sick person; my children are out of school and I am not doing anything. I want the entire country to know what ArcelorMittal is doing to me.”